Terms & Conditions
1 WELCOME AND INTRODUCTION
1.1 Babu Clothing Ltd (“Babu Clothing”, BABU,” “we,” “us,”
or “our”) welcomes you. We’re pleased that you have accessed our website
located at www.Babu.clothing (the “BABU Website”) and our online platform (the
“BABU Platform”), which is accessible through the BABU Website.
1.2 We provide Visitors (as defined below) with access to
the BABU Website and Registrants (as defined below) with access to the BABU
Platform subject to these terms and conditions. By browsing the public areas of
the BABU Website, you acknowledge that you have read, understood and agree to
which is available on the BABU Website and is hereby incorporated by reference
(collectively, the “Terms and Conditions”).
1.3 IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE
DO NOT USE THE BABU WEBSITE AND/OR THE BABU PLATFORM.
1.4 We reserve the right to review and amend any of these
Terms and Conditions from time to time with or without notice to you.
1.5 Capitalised terms shall have the meanings ascribed to
them below or elsewhere in these Term and Conditions.
means any person buying services over the BABU Platform;
means Customers and Buyers;
“Inventory Items” or
means fashion items or items of clothing or curated capsule
collections listed or otherwise made available for sale or rent over the BABU
Means an optional service provide by Babu to its Customers
to repair normal wear and tear of products, including without limitation, minor
stains, rips, missing beads, stuck zippers or other minor damage to a product
in consideration for the Damage Protection charge.
“Damage Protection Charge”: an optional £10.00 charge
payable by a renter to Babu in consideration for Damage Protection.
means any person signing up as a registered account holder
on the BABU Platform;
means any person renting Inventory Items over the BABU
means any person accessing or making of the BABU Website.
2 THE BABU PLATFORM
Description and Use
2.1 The BABU Platform provides Customers with a variety of
resources to facilitate the renting of Inventory Items.
2.2 Customers can search for designer Inventory Collections
they wish to rent. Once a Customer has identified a Collection he or she wishes
to rent, the Customer can apply to rent that Inventory Collection through the
2.3 Access to the BABU Platform is offered to those who
register on the BABU Website (“Registrants”). Following registration, all
Registrants will have a unique login ID and password which can be used to
access the BABU Platform.
2.4 We provide Visitors and Registrants with access to the
BABU Website and the BABU Platform as described below.
2.4.1 Visitors. Visitors, as the term implies, are people
who do not register with us, but want to explore the BABU Website. No login ID
is required for Visitors. Visitors can:
(i) view all
publicly available content on the BABU Website; and
(ii) e-mail us via
the BABU Platform.
2.4.2 Registrants. Login details are required for all
Registrants to access the BABU Platform. Registrants can do all things that
Visitors can do and are also be able to:
(i) search, as a
Customer, the available Inventory Collections;
(ii) message us
about Inventory Collections; and
(iii) and submit
requests to rent Inventory Collections.
2.5 Babu Clothing is under no obligation to accept any
individual as a Registrant and may accept or reject any registration in its
sole and complete discretion. In addition, Babu Clothing reserves the right to
deactivate any account at any time, including, without limitation, if it
determines that a Registrant has violated these Terms and Conditions.
Right to Use the BABU Platform
2.6 Subject to these Terms and Conditions, Babu Clothing
grants you during the term of these Terms and Conditions a non-transferable,
non-exclusive right, without the right to sublicense, to access and use the
BABU Platform for your personal use. You will not (and will not permit any
third party to): (i) reverse engineer, decompile, disassemble, or otherwise
attempt to discern the source code, underlying ideas, algorithms, file formats,
or interface protocols of the BABU Platform; or (ii) introduce into the BABU
Platform any virus, worm, “back door,” Trojan Horse, or similar harmful code.
If you violate this section, Babu Clothing reserves the right in its sole
discretion to immediately deny you access to the BABU Platform, or any portion
of thereof, without notice. Babu Clothing reserves the right to change the
availability of any feature, function, or content relating to the BABU
Platform, at any time, without notice or liability to you.
BABU Platform Rules
2.7 The BABU Platform functions best when its Visitors and
Registrants act in good faith and follow a few simple rules. By visiting the
BABU Website, and/or accessing and/or using the BABU Platform, you hereby agree
to comply with the following rules:
2.7.1 You will comply with all applicable laws in your use
of the BABU Website and/or the BABU Platform and will not use the BABU Website
and/or the BABU Platform for any unlawful purpose;
2.7.2 You will not access or use the BABU Website and/or the
BABU Platform to collect any market research for a competing business;
2.7.3 You will not upload, post, e-mail, transmit, or
otherwise make available any content that:
(i) infringes any copyright,
trademark, right of publicity, or other proprietary rights of any person or
(ii) is threatening,
tortious, defamatory, libellous, indecent, obscene, pornographic, invasive of
another’s privacy, or promotes violence; or
(iii) discloses any
sensitive information about another person, including that person’s e-mail
address, postal address, phone number, credit card information, or any similar
2.7.4 You will not “stalk” or otherwise, in any way, harass
any other person or group of people;
2.7.5 You will not use any robot, spider, scraper, or other
automated means to access the BABU Website and/or the BABU Platform for any
purpose without our express written permission; provided, however, we grant the
operators of public search engines permission to use spiders to copy materials
from the public portions of the BABU Website and/or the BABU Platform for the
sole purpose of and solely to the extent necessary for creating
publicly-available searchable indices of the materials;
2.7.6 You will not impersonate any person or entity or
falsely state or otherwise misrepresent your affiliation with a person or
2.7.7 You will not interfere with or attempt to interrupt
the proper operation of the BABU Website and/or the BABU Platform through the
use of any virus, device, information collection or transmission mechanism,
software or routine, or access or attempt to gain access to any data, files, or
passwords through hacking, password or data mining, or any other means.
2.8 We reserve the right, in our sole and absolute
discretion, to deny any person access to the BABU Website and/or the BABU
Platform, or any portion of the BABU Website and/or the BABU Platform, without
notice, and to remove any content that does not adhere to these guidelines. We
also reserve the right, in our sole and absolute discretion, to change or
remove information from your profile that does not adhere to these guidelines
or is otherwise deemed to be offensive in our sole discretion.
2.9 Children under the age of 13 may not use the BABU
Platform and parents or legal guardians may not agree to these Terms and
Conditions on their behalf. Children under 18 years of age but at least 13
years of age may be Visitors and may access the BABU Website and BABU Platform
under the supervision of parents or legal guardians who agree to be bound by
these Terms and Conditions on their behalf, but such children may not rent any
Inventory Collections. If you are a parent or legal guardian agreeing to these
Terms and Conditions for the benefit of a child between the ages of 13 and 18,
you are fully responsible for his or her use of the BABU Platform and the
rental of any Inventory Collections, including all legal liability he or she
2.10 The BABU Website and the BABU Platform contain
materials, such as software, text, graphics, images (including any
images/photographs that we take of your closet), sound recordings, audio-visual
works, and other materials provided by or on behalf of Babu Clothing
(collectively referred to as the “BABU Content”). The BABU Content may be owned
by us or by third parties. The BABU Content is protected under both United
Kingdom and foreign laws. Unauthorised use of the BABU Content may violate
copyright, trademark, and other laws. You have no rights in, or to, the BABU
Content, and you will not use the BABU Content except as permitted under these
Terms and Conditions. No other use is permitted without prior written consent
from us. You must retain all copyright and other proprietary notices contained
in the original BABU Content on any copy you make of the BABU Content. You may
not sell, transfer, assign, license, sublicense or modify the BABU Content or
reproduce, display, publicly perform, make a derivative version of, distribute,
or otherwise use the BABU Content in any way for any public or commercial
purpose. The use or posting of the BABU Content on any other website or in a
networked computer environment for any purpose is expressly prohibited.
2.11 If you violate any part of these Terms and Conditions,
your permission to access and/or use the BABU Content and the BABU Website and
the BABU Platform automatically terminates, and you must immediately destroy
any copies you have made of the BABU Content.
2.12 The trademarks, service marks, and logos of Babu
Clothing (“Babu Clothing Trademarks”) used and displayed on the BABU Website
and BABU Platform are registered and unregistered trademarks or service marks
of Babu Clothing. Other company, product and service names located on the BABU
Website and the BABU Platform may be trademarks or service marks owned by
others (the “Third-Party Trademarks”, and, collectively with the Babu Clothing
Trademarks, the “Trademarks”). Nothing on the BABU Website and the BABU
Platform should be construed as granting, by implication, estoppel, or
otherwise, any licence or right to use the Trademarks, without our prior
written permission specific for each such use. Use of the Trademarks as part of
a link to or from any site is prohibited unless establishment of such a link is
approved in advance by us in writing. All goodwill generated from the use of
the Babu Clothing Trademarks inures to our benefit.
2.13 Elements of the BABU Website and the Platform are
protected by trademark, unfair competition and other laws of England and Wales
(and elsewhere) and may not be copied or imitated in whole or in part, by any
means, including but not limited to the use of framing or mirrors. None of the
BABU Content may be retransmitted without our express, written consent for each
and every instance.
2.14 If you believe that your content has been copied on the
BABU Website and/or the BABU Platform in a way that constitutes copyright
infringement, please provide us with notice, including (i) a description of the
copyrighted work that has been infringed and the specific location on the BABU
Website and/or the BABU Platform where such work is located; (ii) a description
of the location of the original or an authorised copy of the copyrighted work;
(iii) your address, telephone number and e-mail address; (iv) a statement by
you that you have a good faith belief that the disputed use is not authorised
by the copyright owner, its agent or the law; (v) a statement by you, made
under penalty of perjury, that the information in your notice is accurate and
that you are the copyright owner or authorised to act on the copyright owner’s
behalf; and (vi) an electronic or physical signature of the owner of the
copyright or the person authorised to act on behalf of the owner of the
2.15 distributed in violation of any such laws.
2.16 The BABU Website and the BABU Platform may contain
links to third-party websites (“External Sites”). These links are provided
solely as a convenience to you and not as an endorsement by us of the content
on such External Sites. The content of such External Sites is developed and
provided by others. You should contact the site administrator or webmaster for
those External Sites if you have any concerns regarding such links or any
content located on such External Sites. We are not responsible for the content
of any linked External Sites and do not make any representations regarding the
content or accuracy of materials on such External Sites. You should take
precautions when downloading files from all websites to protect your computer
from viruses and other destructive programs. If you decide to access linked
External Sites, you do so at your own risk.
Compliance with Applicable Laws
2.17 The BABU Website and the BABU Platform are based in the
United Kingdom. We make no claims concerning whether the BABU Content may be
downloaded, viewed, or be appropriate for use outside of the United Kingdom. If
you access the BABU Website, the BABU Platform or the BABU Content from outside
of the United Kingdom, you do so at your own risk. Whether inside or outside of
the United Kingdom, you are solely responsible for ensuring compliance with the
laws of your specific jurisdiction.
Copying and Reproducing BABU Website
2.18 You are permitted to use the BABU Website for your own
purposes and to print and download material from this BABU Website provided
that you do not modify any content without our consent. Material on this
website must not be republished online or offline without our permission.
2.19 The copyright and other intellectual property rights in
all material on this BABU Website are owned by us or our licensors and must not
be reproduced without our prior consent.
2.20 Subject to paragraph 2.18, no part of the BABU Website
may be reproduced without our prior written permission.
BABU Website Uptime
2.21 We take all reasonable steps to ensure that the BABU
Website is available 24 hours every day, 365 days per year. However, websites
do sometimes encounter downtime due to server and other technical issues. We
will not be liable if this website is unavailable at any time.
2.22 The BABU Website may be temporarily unavailable due to
issues such as system failure, maintenance or repair or for reasons beyond our
control. Where possible we will try to give Visitors and Registrants advance
warning of maintenance issues but shall not be obliged to do so.
3 TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS
3.1 Inventory may be rented for use by individuals under 18
years of age, but we rent and sell only to adults aged 18 or older, who may
rent Inventory Items with a payment card or other approved payment method. By
agreeing to these Terms and Conditions, you represent that you are 18 years or
older and that you are authorised to use the chosen payment method (including,
without limitation, credit cards) for the purpose of renting or purchasing the
Inventory Items as described in these Terms and Conditions.
3.2 You acknowledge and agree that we may place limits on
the rental of Inventory Items, including but not limited to restricting orders
placed under a single customer account, payment card or billing or shipping
address. We reserve the right to limit, cancel or prohibit any rentals or sales
of Inventory Items for any reason in our sole discretion, including but not
limited to availability and geographic concerns.
3.3 All deliveries will be through BABU’s shipping partners,
which may change from time to time at our discretion. We will, through the BABU
Platform, through our shipping partners or otherwise, provide you with
information about estimated delivery and arrival times of Inventory Items. BABU
reserves the right to charge the Customer for the entire cost of shipping at
Making Payments via STRIPE
3.4 Customers will also be entitled to make payments for
Inventory Items via STRIPE. For users of STRIPE, the STRIPE Connected Account
Agreement, which includes the STRIPE Terms of Service (available here
https://stripe.com/gb/legal) (together the “STRIPE Services Agreement”) is
applicable to you and by accepting these Terms and Conditions you are agreeing
to be bound by the STRIPE Services Agreement as well. By agreeing to make a
payment via STRIPE, you represent and warrant to us that any details and
information you provide to us are neither fraudulent nor inaccurate and you
authorise us to share such details and information with STRIPE.
3.5 If you do not pay the amounts you owe to us when due,
then we may need to institute collection procedures. You agree to pay our costs
of collection, including without limitation reasonable legal fees.
3.6 Orders for rentals may be made over the phone to one of
our customer service representatives. For such orders, you will need to confirm
your consent to the customer service representative accessing your account and
your customer information, which may include your personal data. Once any such
order has been placed, you may wish to consider changing your password via the
BABU Website to preserve your account security.
The following additional conditions apply to Customers for
the rental of any Inventory Collection.
3.7 The rental fee (“Rental Fee”) for a rented Inventory Collection
will be the total of the rental charges and the delivery charges listed on the
BABU Website for your rental of the Inventory Collection. When you place your
rental order for an Inventory Collection, you hereby authorise us (or our
payment services provider) to charge your payment card for the Rental Fee. We
will charge your payment card the amount of the Rental Fee immediately upon
your rental order. A reservation of an Inventory Collection on the BABU Website
is an order for the rental of that Inventory Collection, regardless of how far
in advance that Inventory Collection is reserved.
3.8 In addition, you hereby authorise us (or our payment
services provider) to, charge your payment card for an amount equal to 100% of
the BABU Clothing acquisition value of the Inventory Item(s) set forth on the
BABU Website or BABU App or otherwise determined by BABU in its sole discretion
(the “Replacement Value”). You should not place a rental order for an Inventory Collection
unless you have sufficient funds in the account to which the payment card
relates to cover the Replacement Value as well as the Rental Fee. We
reserve the right (and you hereby authorise us to) charge your payment card for
any amount up to the Replacement Value of the Inventory Collection at any time
where such amount is due and payable under these Terms and Conditions.
3.9 You may only cancel your rental order if you submit a
cancellation request within an hour of the time at which you placed your rental
order by email to email@example.com. Your email must be clearly headed
with the words “CANCELLATION OF RENTAL ORDER” in the subject line.
3.10 If you cancel within this time period, you will receive
a full refund for the Rental Fee associated with the cancelled order. After
this time period, you may no longer cancel your order and you will be charged
the full amount of the Rental Fee and any other charges payable under these
Terms and Conditions.
Delivery and Shipping Addresses
3.11 We will despatch your rented Inventory Collection to
your Secure Shipping Address (defined below) for next day delivery, if your
order is received by 12pm on a business day in the United Kingdom. Orders
placed after 12pm on a business day in the United Kingdom, or on a weekend or
public holiday, will be processed on the following business day in the United
Kingdom and will be despatched for delivery once processed. The date on which
we expect to deliver a rented Inventory Collection to your Secure Shipping
Address will be set out in the online invoice for your rental order (the
“Expected Delivery Date”).
3.12 Upon delivery, you bear responsibility for the
3.13 You acknowledge that a Secure Shipping Address is
highly recommended. A “Secure Shipping Address” means a location where an
individual can physically receive Inventory Collection(s). If an un-secure
shipping address is provided, BABU does not bear liability for Inventory Collections
left unattended. Furthermore, you acknowledge that providing anything other
than a Secure Shipping Address may result in delivery delays and additional
delivery fees for which BABU will not be liable. You will be liable for all
such delays and additional delivery fees. We will not deliver Inventory Collections
(or any correspondence) to PO Box addresses in the United Kingdom.
Use of the Inventory Collections & Customer Liability
3.14 The Inventory Collections we send to you will be
cleaned and delivered ready to wear. While we will clean and inspect each
Inventory Item we send to you, use of each Inventory Item is at your own risk
and BABU shall not be held liable for any health-related complaints associated
with any Inventory Items.
3.15 You agree to treat each Inventory Item with great care
and to return them to BABU in the same condition as it was in when you received
them. You are responsible for loss, destruction or damage to the Inventory Item
due to theft, mysterious disappearance, fire, major stains or any other cause,
other than normal wear and tear. Normal wear and tear encompasses minor stains,
missing beads, stuck zippers or other minor damage. If you return an Inventory
Item that is damaged beyond normal wear and tear, then you agree that we shall
charge you, and you shall pay, for the price for repairing or replacing the
Inventory Item, as determined in our discretion, up to the Replacement Value
for the Inventory Item (on top of any applicable Rental Fees).
3.16 Customers shall not allow any other individual to wear
or use rented Inventory Items in any way. In the event any damage is done to
the Inventory Collection or the Inventory Items are lost during the time of
their rental by a Customer rents the Inventory Items, the Customer is
responsible for paying the applicable damages which may include the full
Replacement Value of the damaged or lost Inventory Items (on top of any
applicable Rental Fees). Babu has the sole and absolute discretion to determine
an appropriate Replacement Value for any product, and the figure determined by
Babu shall be binding. If you are unsure what the Replacement Value of the
product is, please contact Babu for the replacement value before booking your
rental. DO NOT RENT AN INVENTORY COLLECTION UNLESS YOU HAVE SUFFICIENT FUNDS TO
COVER THE REPLACEMENT VALUE.
Return of Inventory Items
3.18 When you rent an Inventory Collection, your rental period will commence on your Expected Delivery Date and will last for the
period you have agreed with BABU at the time of rental. Upon pausing or cancellation of your subscription, the Return Date of the Inventory Collection should be no
more than 48 hours after the end of your current billing cycle. If this exceeds 48 hours, your late return will be considered a non-return and the corresponding fees will apply (See Section 3.23).
3.19 With delivery of the Inventory Collection, BABU will
provide you with a pre-paid, pre-addressed return label as well as instructions
for your use in returning the Inventory Collection to BABU (“Return
3.20 THE RETURN PACKAGING IS PRE-PAID FOR A TWO-DAY DELIVERY
SERVICE. Please bear this in mind when returning Inventory Collection to us in
the Return Packaging.
3.21 We are not responsible for any personal or other items
left in the Inventory Collection or which are returned to BABU in the Return
Packaging. If you believe you have accidentally or otherwise sent us any such
items, please contact us as soon as possible at firstname.lastname@example.org. Our
staff may assist in attempting to locate such items at a customer’s request but
are not obligated to and assume no liability for doing so.
3.22 BABU will not charge you for more than an amount equal
to 100% of the Replacement Value plus the Rental Fee, in the aggregate, for any
charges arising under this Section.
3.23 The following are the limited warranties BABU provides
in connection with Inventory Collection rentals. BABU’s liability to you for
failure to comply with any of these warranties is limited to timely delivery of
an Inventory Collection conforming to the warranties or a refund of the Rental
Fee (excluding delivery charges) as determined by BABU.
3.24.1 Clean and Ready to Wear. The Inventory Items will be
cleaned and delivered ready to wear. While BABU cleans and inspects each
Inventory Item with the utmost care, any use of the Inventory Item is at your
own risk and BABU shall not be held liable for any health-related complaints
associated with any Inventory Item.
3.24.2 Sizing Returns. If your Inventory Item does not fit
your child, then you may return the Inventory Item to BABU within 24 hours
(excluding Sundays and public holidays) of the date you received the Inventory
Item by contacting us at email@example.com or phone and returning the
Inventory Item in accordance with the return procedures above (a “Sizing
Return”). In the event BABU is unable to provide the correct sizing, BABU will
then offer you a full refund for the Rental Fee (less delivery charges) of the
Inventory Item, so long as the Inventory Item, in our sole discretion, has not
3.25 In the event you you have made a rental order and
decide to return the Inventory Collection you have rented, you must notify BABU
of such decision within a period of your weekly billing cycle and you must
organise a collection within this period using the enclosed return label,
either by a home collection or by dropping off at a DHL service point, so that
the Inventory Collection arrives at BABU no later than 12pm on the day your
rental period. is due to end. Should you indicate your preference for Babu to
arrange a collection, Babu will then arrange a return the of the relevant
Inventory Items to our HQ and provide a tracking number. In the event BABU is
unable to provide the correct sizing, on receipt of the relevant Inventory Collection,
BABU will then issue you a full refund of the Rental Price (less delivery) of
the Inventory Collection.
3.26 Returns will not be accepted, and refunds will not be
issued, if BABU determines, in its sole discretion, that the relevant Inventory
Items have been damaged or otherwise in a worse condition than they were in
when despatched by BABU.
3.27 All returns to Babu Clothing Ltd should be dispatched
using a trackable method of delivery. If a tracking number cannot be provided
and the return is not received by Babu Clothing Ltd, the customer will be
liable for the full replacement value of the Inventory Items.
4 TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS
COLLECTION OF PRESENTED ITEMS
4.1 Arrangements for the collection of any order or
consignment of Presented Items (a “Consignment”) from the Customer and for its
for transportation to one or more of BABU’s warehouses and/or other locations,
will be agreed between the Customer and BABU at the time of each Consignment.
Where collections are arranged by BABU, they will be carried out by an
appointed and authorised service provider of BABU.
4.1.1 On surrendering items to BABU, either by post or
collection, it is deemed that all terms and conditions in the Customer
Agreement or herein are accepted by the Customer. Pricing agreed over email
supersedes the signing of the Customer Agreement and thus the website terms and
conditions are in effect.
4.2 The Customer shall notify BABU in writing of any
Presented Items within any Consignment which the Vendor intends to be made
available for rental and/or donation and, for any such Presented Item, an
indication of what the Vendor believes to be an appropriate Replacement Value.
ACCEPTANCE OF PRESENTED ITEMS
4.3 Upon receipt of the Consignment, BABU will evaluate the
Presented Items to determine their condition, quality and potential sale or
rental value in line with BABU’s inventory policy.
4.4 Within approximately 30 business days after BABU’s
receipt of any Consignment, BABU shall provide to the Customer, via email or
otherwise, an itemised schedule (the “Consignment Inventory Schedule”) setting
4.4.1 details of the Presented Items in the Consignment that
are accepted by BABU for listing on the BABU Platform (“Accepted Items”),
including a short description of each Accepted Item, whether the Accepted Item
is to be made available for rental and the suggested initial rental (and, where
appropriate, selling) price and Replacement Value of each such Accepted Item;
4.4.2 those Presented Items in the Consignment that are not
accepted by BABU for listing on the BABU Platform (“Non-Accepted Items”).
4.5 The determination of each of (i) whether a Presented
Item becomes an Accepted Item or a Non-Accepted Item and (ii) the proposed
rental and sale price for any Accepted Item will be in the sole discretion of
BABU. The Replacement Value of each Accepted Item will be in sole discretion of
BABU, other than in respect of Inventory Collections made available for rental
only and not for sale, for which the Replacement Value will be agreed between
BABU and the Customer.
4.6 Any Non-Accepted Items will be transferred to BABU
ownership (and disposed of or donated to charity), immediately after BABU’s
receipt of such Non-Accepted Item. BABU’s designation of any items as
Non-Accepted Items shall in no way alter the effect of these Terms and
Conditions as to any other Presented Item, if any.
4.7 Under no circumstances shall the Customer be eligible
for any Rental Commission (each as defined below) in respect of any
FAKE, COUNTERFEIT AND STOLEN PRESENTED ITEMS.
4.10 BABU is obliged by law to retain and destroy Inventory
Items presented to it that are fake or counterfeit. An item is a “fake” if it
carries the branding of a designer who did not design it and/or a manufacturer
who did not make it. An item is “counterfeit” if it is fake with intention to
deceive. If we receive any items that we determine, in our sole discretion, to
be fake or counterfeit, we will retain and destroy them and report the provider
of the items to the Trading Standards Office.
4.11 If we receive any Inventory Items that we determine, in
our sole discretion, to be stolen, we will retain the items and notify the
4.12 The Customer hereby represents and warrants that that
he/she has no reason to believe that any Presented Item is fake, counterfeit,
4.13 If any Presented Item from the Customer is found to be
fake, counterfeit or stolen and BABU is found liable for the sale of the fake,
counterfeit or stolen Presented Item, or if BABU incurs any liability from such
an item, the Customer acknowledges that the indemnification provisions set
forth under “Customer’s Representations and Warranties and Indemnification”
shall apply. The Customer’s personal information may be requested by law
enforcement personnel, rights owners or their representatives looking to trace
the origin of the stolen or counterfeit items. The Customer acknowledges and
agrees that it is BABU’s policy that BABU may provide such information in its
sole and absolute discretion.
LISTING ON THE BABU PLATFORM
4.14 Following acceptance of an Accepted Item, BABU will
photograph the Accepted Item and display it on the BABU Platform. The Customer
hereby grants to BABU the right to illustrate and photograph any Presented
Item, and to use such photographs, illustrations or images therefrom for such
purposes as BABU sees fit.
4.15 You acknowledge and agree that BABU shall have the
right to make minor amendments and repairs to any Accepted Items, such as the
replacement of buttons, repair or hooks and eye and hem repairs. These will be
carried out by a trained professional and will be at the cost of the Customer.
4.16 The listing of any Inventory Collection on the BABU
Platform shall be and shall at all times remain at the sole discretion of BABU.
BABU shall in its sole discretion decide whether or not to list any Inventory Collection
and shall be entitled at any time and for any reason to withdraw any such
listing including where, in the sole judgment of BABU, the relevant Inventory Collection
no longer satisfies BABU’s inventory policy.
4.17 Prices are set at the sole discretion of Babu. While
BABU representatives are on hand to offer guidance as to a suggested rental
price, ultimately the final decision on the setting and/or acceptance of the
rental price for any Accepted Item will be the sole discretion of Babu.
4.18 The Customer acknowledges that BABU will designate the
product category for any marketing or sales efforts in BABU’s sole and absolute
4.19 The Customer agrees that BABU shall have the right to
make use of all Inventory Items (including images thereof) for the purposes of
or in connection with internal and external communications and marketing, such
as press releases, media events and publications and photo shoots and hereby
consents to BABU doing so. For the avoidance of doubt, any and all intellectual
property comprised in any such images, press releases and communications shall
reside with BABU and the Customer shall have no rights in relation thereto.
4.19.1 The rental price (“Rental Price”) for the Inventory Collections
will be the rental fee and any delivery charges listed on the BABU Website in
connection with your rental of the Inventory Collections. The Rental Price is
as listed on the BABU Website at the time of rental. BABU reserves the right to
alter the Rental Price, discount, or availability of any particular Inventory Collection
at its discretion and without notice. Upon your rental order for an Inventory Collection,
you hereby authorise BABU (or our payment services provider) to charge your
payment card for the Rental Price. We (or our payment services provider) will
charge your payment card the amount of the Rental Price immediately upon your rental
WITHDRAWAL OF LISTING
4.20 In circumstances where, at any time, BABU determines
that an Accepted Item is unlikely to generate sufficient further interest for
rental on the BABU Platform or otherwise decides to withdraw the relevant
Inventory Item from listing, the Customer will:
4.20.1 grant ownership of the relevant
Inventory Item to BABU, in which case BABU shall be free to dispose of the
Inventory as it sees fit, including sending that item to BABU’s Sustainable
impact partner Xetrov; or
4.21.3 authorise and instruct BABU to dispose of the
relevant Inventory Item or donate it to a charity chosen by BABU.
4.22 At any given time, without notification to the Customer,
BABU may dispose of the relevant Inventory Item or donate it to a charity
chosen by BABU.
INITIAL HOLDING PERIOD; RETURN OF PRESENTED COLLECTIONS.
4.23 BABU may request the return of any Presented Collection
at any time, with return shipping fees to be at BABU’s sole expense and all
risk of loss in transit to be borne by BABU.
4.24 Upon the successful rental of any Accepted Item by
BABU, the Customer will not receive from BABU any commission payment, only
receive an award of BABU rewards points, to be redeemed against the cost of a
new or ongoing subscription.
4.25 BABU rewards points will be awarded to the user account
stipulated by the Customer on the 15th of every month for items that have
entered the Babu eco-system in the previous calendar month. For example, items
processed on January 15th would cover donations made in December. If the 15th
falls on a weekend or a public holiday in the United Kingdom, points award will
be processed the following business day.
Risk of Loss
4.26 Except as set forth hereunder, all risk of loss or
damage to a Presented Collection will pass to BABU when a Presented Collection
is in BABU’s physical possession.
4.27 Absent definitive evidence to the contrary,
determinations under this Section 4 shall be made in BABU’s sole and absolute
discretion. Furthermore, BABU shall not be responsible for any loss or damage
that is specifically excluded by BABU’s insurance policy.
Title to Inventory Items
4.28 Title to and ownership in each Presented Item will
remain with BABU until such Presented Item is:
4.29.1 lost or stolen from BABU’s stock on hand;
4.29.2 damaged beyond reasonable repair or destroyed while
in BABU’s possession;
4.29.3 transferred to BABU pursuant to paragraph 4.21.2;
4.29.4 otherwise not physically present in BABU’s stock on
Use of BABU Website and BABU Platform
4.30 As a Customer you agree to defend, indemnify, and hold
harmless the Babu Clothing Parties (as defined in Section 5 below) from and
against any claims, actions, or demands, including, without limitation,
reasonable legal and accounting fees, arising or resulting from: (i) your
breach of these Terms and Conditions; (ii) your misuse of the BABU Website
and/or the BABU Platform; and (iii) your violation of any third-party right,
including without limitation any copyright, trademark, property, or privacy
4.31 Other than renting, or making available for rent
Inventory Items in accordance with these Terms and Conditions, you will not use
the BABU Platform to engage in any commercial activities, including, without
limitation, raising money; advertising or promoting a product, service, or
company; or engaging in any pyramid or other multi-tiered marketing scheme.
5 NO WARRANTIES/LIMITATION OF LIABILITY
NONE OF BABU CLOTHING, ITS AFFILIATES, SUBSIDIARIES, OR ITS
OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BABU
CLOTHING PARTIES”) ENDORSE OR RECOMMEND ANY INVENTORY ITEMS, CUSTOMERS, OR
NONE OF THE BABU CLOTHING PARTIES HAS ANY RESPONSIBILITY OR
LIABILITY WITH RESPECT TO ANY GOOD(S) YOU RENT THROUGH THE PLATFORM OR ANY
RESULTS CAUSED BY USING SUCH GOOD(S), INCLUDING WITHOUT LIMITATION, ANY DEATH,
OR BODILY INJURY YOU MAY SUFFER.
THE BABU WEBSITE, THE BABU PLATFORM, AND THE BABU CONTENT
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF
ANY KIND, SAVE AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. WE DISCLAIM
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW
CLAIMS: (I) NONE OF THE BABU CLOTHING PARTIES SHALL BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO
ACCESS AND USE THE BABU WEBSITE, THE BABU, EVEN IF SUCH BABU CLOTHING PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES
THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE BABU WEBSITE, THE BABU PLATFORM
SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF
THE BABU PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS
GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS
SECTION MAY NOT APPLY TO YOU.
THE BABU WEBSITE AND THE BABU PLATFORM MAY CONTAIN TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR
ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE BABU WEBSITE
AND THE BABU PLATFORM. THE BABU WEBSITE AND THE BABU PLATFORM MAY CONTAIN
INFORMATION ON TYPES OF INVENTORY ITEMS THAT ARE NOT AVAILABLE IN EVERY
LOCATION. A REFERENCE TO AN INVENTORY ITEM ON THE BABU PLATFORM DOES NOT IMPLY
THAT SUCH INVENTORY ITEM IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO RENT
IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO
THE BABU WEBSITE AND THE BABU PLATFORM AT ANY TIME WITHOUT NOTICE.
6 TERMINATION OF THESE TERMS AND CONDITIONS
6.1 We reserve the right, in our sole discretion, to
restrict, suspend, or terminate these Terms and Conditions and your access to
all or any part of the BABU Website and/or the BABU Platform, at any time and
for any reason without prior notice or liability. Notwithstanding the
termination of these Terms and Conditions, the following provisions shall
remain in full force and effect:
6.1.1 The BABU Platform – Intellectual Property;
6.1.2 Terms and Conditions Applicable to Customers – Rentals
– Rental Fee; Cancellation Policy; Late Fees; Limited Warranties;
6.1.3 Terms and Conditions Applicable to Vendors – Vendor’s
Representations and Warranties; Indemnification; Risk of Loss
6.1.4 No Warranties/Limitation of Liability
6.1.5 Termination of these Terms and Conditions
6.2 We reserve the right to change, suspend, or discontinue
all or any part of the BABU Website and/or the BABU Platform at any time
without prior notice or liability.
Communications to Us
7.1 Although we encourage you to e-mail us, we do not want
you to, and you should not, e-mail us any content that contains confidential
information. With respect to all e-mails you send to us, including but not
limited to, feedback, questions, comments, suggestions, and the like, we shall
be free to use any ideas, concepts, know-how, or techniques contained in your
communications for any purpose whatsoever, including but not limited to, the
development, production and marketing of products and services that incorporate
Communications from Us
7.2 You consent to receive communications from us, including
email, text messages, calls, and push notifications, including for the purposes
of notifying you about the status of your order, sending you reminders,
facilitating secondary authentication, and providing other information. We may
contact you by telephone calls or text messages, including by an automatic
telephone dialling system, at any of the telephone numbers provided by you.
Standard message and data rates charged by your mobile carrier may apply to the
text messages we send you. You may opt out of receiving communications by
following the unsubscribe procedures we provide to you. In the case of text
messages, you may opt out by replying "STOP" to a text message you
receive from us or by emailing concierge@Babu .Clothing. You acknowledge that
opting out of receiving communications may impact your use of the BABU
8.1 These Terms and Conditions are governed by the laws of
England and Wales.
8.2 Our failure to act on or enforce any provision of these
Terms and Conditions shall not be construed as a waiver of that provision or
any other provision in these Terms and Conditions. No waiver shall be effective
against us unless made in writing, and no such waiver shall be construed as a
waiver in any other or subsequent instance. Except as expressly agreed by us
and you in writing, these Terms and Conditions constitute the entire agreement
between you and us with respect to the subject matter, and supersedes all
previous or contemporaneous agreements, whether written or oral, between the
parties with respect to the subject matter. The section headings are provided
merely for convenience and shall not be given any legal import. These Terms and
Conditions will inure to the benefit of our successors, assigns, licencees, and
8.3 Company Registration Information. © 2022 BABU CLOTHING
LTD. All rights reserved. Registered in England No. 13541195, 20-22 Wenlock
Road, London, England, N1 7GU. No parcels will be accepted at this address and
any returns and incorrect shipping will be at cost to the sender. All rental
delivery and pick up information can be found here. VAT number 390595661.
Copyright 2022 Babu Clothing Ltd. All rights reserved.